Loper Bright

And especially in light of Congress's, you know, in many instances, abdication of its role and the agencies coming in and filling the need to, you know, fill in the gaps, if you will.

And There was an important case that was decided now two years ago, Loper Bright, which I'm sure many of the attorneys, if not all the attorneys on this program have heard of, which really gives us, you know, an opportunity to make sure, prospectively, that agencies are staying in their lane.

And so that's a great opportunity for NAW, too.

you know, as we're looking at our litigation goals in the future.

All right.

Eric, in the Department of Sauce for the Goose, Sauce for the Gander, the Fourth Circuit has ruled that Loper Bright means that it doesn't have to defer to Board of Immigration appeals judgments, uh, opinions regarding, uh, what, uh, the consequences are of, uh, vacated convictions.

Uh, is this just dem judges saying, "Ha ha, two can play at this game," or is there more to it than that?

The opinion was actually written by a Trump, uh, appointee, and it's, uh, it's a very interesting decision in that it, it's very much by the book.

I mean, he essentially said that the agency's order ignores what the court had held, and that nothing in the Commodity Exchange Act hands statutory interpretation over, over to an agency.

Uh, and he cites Loper Bright, which I think is really interesting, 'cause of course, Rebecca, a lot of people were cheering when that, um, rolled back or clipped the SEC's wings a little bit.

Of course, now it's being used against the, uh, CFTC.

Um, and so while emergency orders obviously can tell Kalshi what to do, um, at least according to Judge Oliver, cannot tell an Article Three judge what a statute means, which I think is very interesting.

It is interesting.

I'm not exactly sure that's what Loper Bright says.

It does say, you know, doesn't have to give what's called Chevron deference to agencies and agency interpretation.

But I do think that the CFTC's interpretation of the Commodity Exchange Act de- Does itself deserve some deference.